VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-00190
Package ID: USCOURTS-cofc-1_22-vv-00190
Petitioner: Matthew J. Miller
Filed: 2022-02-22
Decided: 2023-04-07
Vaccine: influenza
Vaccination date: 2020-10-07
Condition: Guillain-Barre Syndrome (GBS)
Outcome: compensated
Award amount USD: 79898

AI-assisted case summary:
Matthew J. Miller filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered Guillain-Barre Syndrome (GBS) caused by an influenza vaccine he received on October 7, 2020. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Mr. Miller was entitled to compensation. The respondent agreed that Mr. Miller met the criteria set forth in the Vaccine Injury Table for GBS, which affords a presumption of causation if onset occurs between three and forty-two days after a seasonal flu vaccination and there is no apparent alternative cause. On September 15, 2022, a ruling on entitlement was issued, finding Mr. Miller entitled to compensation. Subsequently, on March 3, 2023, the respondent filed a proffer on award of compensation, recommending an award of $79,898.22. This amount was comprised of $72,500.00 for pain and suffering, $3,323.42 for past unreimbursable expenses, and $4,074.80 for lost earnings. Mr. Miller, who is a competent adult, agreed with the proffered award. The Chief Special Master issued a decision awarding Mr. Miller the lump sum of $79,898.22.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_22-vv-00190-0
Date issued/filed: 2022-10-17
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 09/15/2022) regarding 15 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:22-vv-00190-UNJ Document 17 Filed 10/17/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-0190V
UNPUBLISHED
MATTHEW J. MILLER, Chief Special Master Corcoran
Petitioner, Filed: September 15, 2022
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Ruling on Entitlement; Concession;
HUMAN SERVICES, Table Injury; Influenza (Flu) Vaccine;
Guillain-Barre Syndrome (GBS)
Respondent.
Milton Clay Ragsdale, IV, Ragsdale LLC, Birmingham, AL, for Petitioner.
Zoe Wade, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On February 22, 2022, Matthew J. Miller filed a petition for compensation under
the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the
“Vaccine Act”). Petitioner alleges that he suffered injuries including Guillain-Barre
Syndrome (“GBS”) caused by an influenza (“flu”) vaccine received on October 7, 2020.
Petition at 1. Petitioner further alleges he received the vaccine in the United States, he
has experienced sequela of his injury for longer than six months, and neither Petitioner
nor any other party has filed any other claim or lawsuit, or entered into any settlement,
related to the injuries he sustained. Petition at ¶¶ 2, 13, 14; Ex. 1. The case was assigned
to the Special Processing Unit of the Office of Special Masters.
1 Because this unpublished Ruling contains a reasoned explanation for the action in this case, I am required
to post it on the United States Court of Federal Claims' website in accordance with the E-Government Act
of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government
Services). This means the Ruling will be available to anyone with access to the internet. In accordance
with Vaccine Rule 18(b), Petitioner has 14 days to identify and move to redact medical or other information,
the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, I agree that
the identified material fits within this definition, I will redact such material from public access.
2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease
of citation, all section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C.
§ 300aa (2012).

Case 1:22-vv-00190-UNJ Document 17 Filed 10/17/22 Page 2 of 2
On September 15, 2022, Respondent filed his Rule 4(c) report in which he
concedes that Petitioner is entitled to compensation in this case. Respondent’s Rule 4(c)
Report at 1. Specifically, Respondent agrees that “petitioner has satisfied the criteria set
forth in the Vaccine Injury Table (“Table”) and the Qualifications and Aids to Interpretation
(“QAI”), which afford petitioner a presumption of causation if onset of GBS occurs
between three and forty-two days after a seasonal flu vaccination and there is no apparent
alternative cause.” Id. at 5.
In view of Respondent’s position and the evidence of record, I find that
Petitioner is entitled to compensation.
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
2

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DOCUMENT 2: USCOURTS-cofc-1_22-vv-00190-1
Date issued/filed: 2023-04-07
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 03/07/2023) regarding 25 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:22-vv-00190-UNJ Document 29 Filed 04/07/23 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-0190V
UNPUBLISHED
MATTHEW J. MILLER, Chief Special Master Corcoran
Petitioner, Filed: March 7, 2023
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Damages Decision Based on Proffer;
HUMAN SERVICES, Influenza (Flu) Vaccine; Guillain-
Barre Syndrome (GBS)
Respondent.
Milton Clay Ragsdale, IV, Ragsdale LLC, Birmingham, AL, for Petitioner.
Zoe Wade, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On February 22, 2022, Matthew J. Miller filed a petition for compensation under
the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the
“Vaccine Act”). Petitioner alleges that he suffered injuries including Guillain-Barre
Syndrome (“GBS”) caused by an influenza (“flu”) vaccine received on October 7, 2020.
Petition at 1. Petitioner further alleges he received the vaccine in the United States, he
has experienced sequela of his injury for longer than six months, and neither Petitioner
nor any other party has filed any other claim or lawsuit, or entered into any settlement,
related to the injuries he sustained. Petition at ¶¶ 2, 13, 14; Ex. 1. The case was assigned
to the Special Processing Unit of the Office of Special Masters.
On September 15, 2022, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for GBS. On March 3, 2023, Respondent filed a proffer on award
1 Because this unpublished Decision contains a reasoned explanation for the action in this case, I am
required to post it on the United States Court of Federal Claims' website in accordance with the E-
Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic
Government Services). This means the Decision will be available to anyone with access to the
internet. In accordance with Vaccine Rule 18(b), Petitioner has 14 days to identify and move to redact
medical or other information, the disclosure of which would constitute an unwarranted invasion of privacy.
If, upon review, I agree that the identified material fits within this definition, I will redact such material from
public access.
2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease
of citation, all section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C.
§ 300aa (2012).

Case 1:22-vv-00190-UNJ Document 29 Filed 04/07/23 Page 2 of 5
of compensation (“Proffer”) indicating Petitioner should be awarded $79,898.22. Proffer
at 2. In the Proffer, Respondent represented that Petitioner agrees with the proffered
award. Id. Based on the record as a whole, I find that Petitioner is entitled to an award as
stated in the Proffer.
Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump
sum payment of $79,898.22 (comprised of $72,500.00 in pain and suffering,
$3,323.42 in past unreimbursable expenses, and $4,074.80 in lost earnings) in the
form of a check payable to Petitioner. This amount represents compensation for all
damages that would be available under Section 15(a).
The Clerk of Court is directed to enter judgment in accordance with this decision.3
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice
renouncing the right to seek review.
2

Case 1:22-vv-00190-UNJ Document 29 Filed 04/07/23 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
MATTHEW MILLER,
Petitioner,
No. 22-190V
v.
Chief Special Master Corcoran
SECRETARY OF HEALTH AND
ECF
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On February 2, 2022, Matthew Miller (“petitioner”) filed a petition for compensation
under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34
(“Vaccine Act” or “Act”), alleging that he suffered from Guillain Barré Syndrome (“GBS”), as
defined in the Vaccine Injury Table, following administration of an influenza vaccine he
received on October 7, 2020. Petition at 1. On September 15, 2022, the Secretary of Health and
Human Services (“respondent”) filed a Rule 4(c) Report indicating that this case is appropriate
for compensation under the terms of the Act for a GBS Table injury, and on the same day, the
Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to compensation.
ECF No. 14; ECF No. 15.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $72,500.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:22-vv-00190-UNJ Document 29 Filed 04/07/23 Page 4 of 5
B. Past Unreimbursable Expenses
Evidence supplied by petitioner documents that he incurred past unreimbursable expenses
related to her vaccine-related injury. Respondent proffers that petitioner should be awarded past
unreimbursable expenses in the amount of $3,323.42. See 42 U.S.C. § 300aa-15(a)(1)(B).
Petitioner agrees.
C. Lost Earnings
The parties agree that based upon the evidence of record, petitioner has suffered past loss
of earnings. Therefore, respondent proffers that petitioner should be awarded lost earnings as
provided under the Vaccine Act, 42 U.S.C. § 300aa-15(a)(3)(A). Respondent proffers that the
appropriate award for petitioner’s lost earnings is $4,074.80. Petitioner agrees.
These amounts represent all elements of compensation to which petitioner is entitled
under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
II. Form of the Award
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respondent recommends that the compensation provided to petitioner should be made through a
lump sum payment as described below and requests that the Chief Special Master’s decision and
the Court’s judgment award the following1: a lump sum payment of $79,898.22, in the form of a
check payable to petitioner.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Matthew Miller: $79,898.22
1 Should petitioner die prior to entry of judgment, the parties reserve the right to move the Court
for appropriate relief. In particular, respondent would oppose any award for future lost earnings
and future pain and suffering.
2

Case 1:22-vv-00190-UNJ Document 29 Filed 04/07/23 Page 5 of 5
Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
C. SALVATORE D’ALESSIO
Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
/s/ Zoë R. Wade
ZOË R. WADE
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146, Ben Franklin Station
Washington, DC 20044-0146
Tel.: (202) 616-4118
zoe.wade@usdoj.gov
Date: March 3, 2023.
3